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PEOPLE v. DIAZ

210 A.D.2d 346 (1994)

619 N.Y.S.2d 781

The People of the State of New York, Respondent, v. Juan Diaz, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1994

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

We agree with the defendant's contention that the trial court's charge to the jury regarding constructive possession of a controlled substance was erroneous. "A person is guilty of criminal possession of a controlled substance in the first degree when he knowingly and...

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